THE PLANTATIONS LABOUR ACT, 1951 

————— 

ARRANGEMENT OF SECTIONS 

————— 

CHAPTER I 

PRELIMINARY 

SECTIONS 

1. Short title, extent, commencement and application. 

2. Definitions. 

3. Reference to time of day. 

CHAPTER IA 

REGISTRATION OF PLANTATIONS 

3A. Appointment of registering officers. 

3B.  Registration of plantations. 

3C. Appeals against orders of registering officer. 

3D. Power to make rules. 

CHAPTER II 

INSPECTING STAFF 

4. Chief inspector and inspectors. 

5. Powers and functions of inspectors. 

6. Facilities to be afforded to inspectors. 

7. Certifying surgeons. 

CHAPTER III 

PROVISIONS AS TO HEALTH 

8. Drinking water. 

9. Conservancy. 

10. Medical facilities. 

11. Canteens. 

12. Creches. 

13. Recreational facilities. 

CHAPTER IV 

WELFARE 

1 

SECTIONS 

14. Educational facilities. 

15. Housing facilities. 

16. Power to make rules relating to housing. 

16A. Liability of employer in respect of accidents resulting from collapse of houses provided by him. 

16B. Appointment of Commissioners. 

16C. Application for compensation. 

16D. Procedure and powers of Commissioner. 

16E. Liability to pay compensation, etc., to be decided by Commissioner. 

16F. Saving as to certain rights. 

16G. Power to make rules. 

17. Other facilities. 

18. Welfare officers. 

CHAPTER IVA 

PROVISIONS AS TO SAFETY 

18A. Safety. 

18B. Power of State Government to make rules. 

CHAPTER V 

HOURS AND LIMITATION OF EMPLOYMENT 

19. Weekly hours. 

20. Weekly holidays. 

21. Daily intervals for rest. 

22. Spreadover. 

23. Notice of period of work. 

24. Prohibition of employment of children. 

25. Night work for women and children.  

26. Non-adult workers to carry tokens. 

27. Certificate of fitness. 

28. Power to require medical examination. 

29. Application of Chapter. 

30. Annual leave with wages. 

31. Wages during leave period. 

CHAPTER VI 

LEAVE WITH WAGES 

2 

SECTIONS 

32. Sickness and maternity benefits. 

CHAPTER VIA 

ACCIDENTS 

32A. Notice of accident. 

32B. Register of accidents. 

32C. Compensation. 

CHAPTER VII 

PENALTIES AND PROCEDURE 

33. Obstruction. 

34. Use of false certificate of fitness. 

35. Contravention of provisions regarding employment of  labour. 

36. Other offences. 

37. Enhanced penalty after previous conviction. 

37A. Power of court to make orders. 

38. Exemption of employer from liability in certain cases. 

39. Cognizance of offences. 

39A. Protection of action taken in good faith. 

40. Limitation of prosecutions. 

CHAPTER VIII 

MISCELLANEOUS 

41. Power to give directions. 

42. Power to exempt. 

43. General power to make rules.

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THE PLANTATIONS LABOUR ACT, 1951 
ACT NO. 69 OF 19511 

[2nd November, 1951.] 
An  Act  to  provide  for  the  welfare  of  labour,  and  to  regulate  the  conditions  of  work,  in 

plantations. 
BE it enacted by Parliament as follows:— 

CHAPTER I 

PRELIMINARY 

1. Short title, extent, commencement and application.—(1) This Act may be called the Plantations 

Labour Act, 1951. 

(2) It extends to the whole of India except the State of Jammu and Kashmir*. 
(3)  It  shall  come  into  force  on  such  date2  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint 

 3[(4) It applies to the following plantations, that is to say,— 

(a)  to  any  land  used  or  intended  to  be  used  for  growing  tea,  coffee,  rubber  4[,  cinchona  or 
cardamom]  which  admeasures  5[5  hectares]  or  more  and  in  which  6[fifteen]  or  more  persons  are 
employed or were employed on any day of the preceding twelve months; 

(b) to any land used or intended to be used for growing any  other plant, which admeasures  6[5 
hectares] or more and in which 7[fifteen] or more persons are employed or were employed on any day 
of the preceding twelve months, if, after obtaining the approval of the Central Government, the State 
Government, by notification in the Official Gazette, so directs. 
7[Explanation.—Where  any  piece  of  land  used  for  growing  any  plant  referred  to  in  clause  (a)  or 
clause (b) of this sub-section admeasures less than 5 hectares and is contiguous to any other piece of land 
not being so used, but capable of being so used, and both such pieces of land are under the management 
of the same employer, then, for the purposes of this sub-section, the piece of land first mentioned shall be 
deemed to be a plantation, if the total area of both such pieces of land admeasures 5 hectares or more.] 

(5) The State Government may, by notification in the Official Gazette, declare that all or any of the 
provisions  of  this  Act  shall  apply  also  to  any  land  used  or  intended  to  be  used  for  growing  any  plant 
referred to in clause (a) or clause (b) of sub-section (4), notwithstanding that— 

1. The Act comes into force in Pondicherry on 1-10-1963 by Reg. 7 of 1963, s. 3 and Sch. I. The Act has been amended in Kerala 

by Kerala Act 25 of 1969. 

2. 1st April, 1954: see S.R.O. 880 dated 6th March, 1954, Gazette of India, 1954, Pt. II, Sec. 3, p. 530 
3. Subs. by Act 34 of 1960, s. 2, for sub-section (4) (w.e.f. 21-11- 1960). 
4. Subs. by Act 58 of 1981, s. 2, for "or cinchona" (w.e.f. 26-1- 1982). 
5. Subs. by s. 2, ibid., for “10.117 hectares” (w.e.f. 26-1-1982). 
6. Subs. by s. 2, ibid., for “thirty” (w.e.f. 26-1-1982). 
7. Ins. by s. 2, ibid. (w.e.f. 26-1-1982). 
*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and 

Kashmir and the Union territory of Ladakh. 

4 

                                                      
 
(a) it admeasures less than 1[5 hectares], or 

(b) the number of persons employed therein is less than 2[fifteen]: 

Provided that no such declaration shall be made in respect of such land which admeasured less than 
1[5  hectares]  or  in  which  less  than  2[fifteen]  persons  were  employed,  immediately  before  the 
commencement of this Act.] 

2. Definitions.—In this Act, unless the context otherwise requires,— 

 (a) “adolescent” means a person who has completed his 3[fourteenth] year but has not completed 

his eighteenth year; 

(b) “adult” means a person who has completed his eighteenth year; 

(c) “child” means a person who has not completed his 3[fourteenth] year; 

(d) “day” means a period of twenty-four hours beginning at midnight; 

(e)  “employer”  when  used  in  relation  to  a  plantation,  means  the  person  who  has  the  ultimate 
control over the affairs of the plantation, and where the affairs of any plantation are entrusted to any 
other person (whether called a managing agent, manager, superintendent or by any other name) such 
other person shall be deemed to be the employer in relation to that plantation; 

4[Explanation.—For the purposes of this clause, "the person who has the ultimate control over the 

the affairs of the plantation" means in the case of a plantation owned or controlled by— 

(i)  a  company,  firm  or  other  association  of  individuals,  whether  incorporated  or  not,  every 

director, partner or individual; 

(ii) the Central Government or State Government or any local authority, the person or persons 

appointed to manage the affairs of the plantation; and 

(iii) a lessee, the lessee;] 

5[(ee) “family”, when used in relation to a worker, means— 

(i) his or her spouse, and  

(ii) the legitimate and adopted children of the worker dependent upon him or her, who have 

not completed their eighteenth year,  

6[and includes parents and widow sister, dependent upon him or her;] 

7[(eee) “inspector” means an inspector of plantations appointed under sub-section (1) of section 4 
and includes an additional inspector of plantations appointed under sub-section (1A) of that section;]  

1.  Subs. by Act 58 of 1981, s. 2, for “10.117 hectares” (w.e.f. 26-1-1982). 
2. Subs. by s. 2, ibid., for “thirty” (w.e.f. 26-1-1982).  
3. Subs. by Act 61 of 1986, s. 24, for “fifteenth” (w.e.f. 23-12-1986). 
4. Ins. by Act 17 of 2010, s. 2 (w.e.f. 7-6-2010). 
5. Ins. by Act 34 of 1960, s. 3 (w.e.f. 21-11-1960). 
6. Subs. by Act 17 of 2010, s. 2, for certain words (w.e.f. 7-6-2010).  
7. Ins. by Act 58 of 1981, s. 3 (w.e.f. 26-1-1982). 

5 

                                                      
1[(f) “plantation” means any plantation to which this Act, whether wholly or in part, applies and 
includes  offices,  hospitals,  dispensaries,  schools,  and  any  other  premises  used  for  any  purpose 
connected  with  such  plantation,  but  does  not  include  any  factory  on  the  premises  to  which  the 
provisions of the Factories Act, 1948 (63 of 1948) apply;] 

(g) “prescribed” means prescribed by rules made under this Act; 

2[(h)  “qualified  medical  practitioner”  means  a  person  holding  a  qualification  granted  by  an 
authority specified or notified under section 3 of the Indian Medical Degrees Act, 1916 (7 of 1916), 
or specified in the Schedules to the Indian Medical Council Act, 1956 (102 of 1956), and includes any 
person having a certificate granted under any Provincial or State Medical Council Act;] 

(i) “wages” has the meaning assigned to it in clause (h) of section 2 of the Minimum Wages Act, 

1948 (11 of 1948); 

(j) “week” means a period of seven days beginning at mid-night on Saturday night or such other 
night  as  may  be  fixed  by  the  State  Government  in  relation  to  plantations  in  any  area  after  such 
consultation as may be prescribed with reference to the plantations concerned in that area; 

3[(k) “worker” means a person employed in a plantation for hire or reward, whether directly or 
through  any  agency,  to  do  any  work,  skilled,  unskilled,  manual  or  clerical  4[and  includes  a  person 
employed on contract for more than sixty days in a year], but does not include— 

 (i) a medical officer employed in the plantation;  

(ii) any person employed in the plantation (including any member of the medical staff) whose 

monthly wages exceed 5[rupees ten thousand]; 

(iii)  any  person  employed  in  the  plantation  primarily  in  a  6[managerial  or  administrative 

capacity, notwithstanding that his monthly wages do not exceed ten thousand]; or 

(iv)  any  person  temporarily  employed  in  the  plantation  in  any  work  relating  to  the 

construction, development or maintenance of buildings, roads, bridges, drains or canals;] 

(l) “young person” means a person who is either a child or an adolescent. 

3. Reference to time of day.—In this Act, references to time of day are references to Indian Standard 

Time being five and a half hours ahead of Greenwich Mean Time: 

Provided  that  for  any  area  in  which  the  Indian  Standard  Time  is  not  ordinarily  observed,  the  State 

Government may make rules— 

(a) specifying the area; 

1.  Subs. by Act 34 of 1960, s. 3, for cl. (f) (w.e.f. 21-11-1960). 
2. Subs. by s. 3, ibid., for cl. (h) (w.e.f. 21-11-1960). 
3.  Subs. by s. 3, ibid., for cl. (k) (w.e.f. 21-11-1960). 
4. Ins. by Act 17 of 2010, s. 2 (w.e.f. 7-6-2010). 
5. Subs. by s. 2, ibid., for “rupees seven hundred and fifty” (w.e.f. 7-6-2010). 
6. Subs. by s. 2, ibid., for “managerial capacity, notwithstanding that his monthly wages do not exceed rupees seven hundred and 

and fifty” (w.e.f. 7-6-2010). 

6 

                                                      
 
(b) defining the local mean time ordinarily observed therein; and 

(c) permitting such time to be observed in all or any of the plantations situated in that area. 

1[CHAPTER IA 

REGISTRATION OF PLANTATIONS 

3A.  Appointment  of  registering  officers.—The  State  Government  may,  by  notification  in  the 

Official Gazette,— 

(a) appoint such persons, being Gazetted Officers of Government, as it thinks fit, to be registering 

officers for the purposes of this Chapter, and 

(b) define the limits within which a registering officer shall exercise the powers and discharge the 

functions conferred or imposed on him by or under this Chapter. 

3B. Registration of plantations.—(1) Every employer of a plantation, existing at the commencement 
of the Plantation Labour (Amendment) Act, 1981 (58 of 1981) shall, within a period of sixty days of such 
commencement,  and  every  employer  of  any  other  plantation  coming  into  existence  after  such 
commencement shall, within a period of sixty days of the coming into existence of such plantation, make 
an application to the registering officer for the registration of such plantation: 

Provided that the registering officer may entertain any such application after the expiry of the period 
aforesaid  if  he  is  satisfied  that  the  applicant  was  prevented  by  sufficient  cause  from  making  the 
application within such period. 

(2)  Every  application  made  under  sub-section  (1)  shall  be  in  such  form  and  shall  contain  such 

particulars and shall be accompanied by such fees as may be prescribed. 

(3) After the receipt of an application under sub-section (1), the registering officer shall register the 

plantation. 

(4) Where a plantation is registered under this section, the registering officer shall issue a certificate 

of registration to the employer thereof in such form as may be prescribed. 

(5) Where, after the registration of a plantation under this section, any change occurs in the ownership 
or management or in the extent of the area or other prescribed particulars in respect of such plantation, the 
particulars  regarding  such  change  shall  be  intimated  by  the  employer  to  the  registering  officer  within 
thirty days of such change in such form as may be prescribed. 

(6)  Where  as  a  result  of  any  intimation  received  under  sub-section  (5),  the  registering  officer  is 
satisfied that the plantation is no longer required to be registered under this section, he shall, by order in 
writing, cancel the registration thereof and shall, as soon as practicable, cause such order to be published 
in  any  one  newspaper  in  the  language  of,  and  having  circulation  in,  the  area  where  the  plantation  is 
situated. 

3C.  Appeals  against  orders  of  registering  officer.—(1)  Any  person  aggrieved  by  the  order  of  a 
registering officer under sub-section (6) of section 3B may, within thirty days of the publication of such 
order in the newspaper under that sub-section, prefer an appeal to such authority as may be prescribed: 

1. Ins. by Act 58 of 1981, s. 4 (w.e.f. 26-1-1982). 

7 

                                                      
Provided that the appellate authority may entertain an appeal under this sub-section after the expiry of 
the aforesaid period if it is satisfied that the appellant was prevented by sufficient cause from preferring 
the appeal within such period. 

(2) After the receipt of an appeal under sub-section (1), the appellate authority may, after giving the 
appellant,  the  employer  referred  to  in  sub-section  (5)  of  section  3B  and  the  registering  officer  an 
opportunity of being heard in the matter, dispose of the appeal as expeditiously as possible. 

3D. Power to make rules.—(1) The State Government may, by notification in the Official Gazette, 

make rules to carry out the purposes of this Chapter. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) the form of application for the registration of a plantation, the particulars to be contained in 

such application and the fees to be accompanied along with such application; 

(b) the form of the certificate of registration; 

(c)  the  particulars  regarding  any  change  in  respect  of  which  intimation  shall  be  given  by  the 
employer  to the  registering  officer under  sub-section (5) of section  3B and the  form  in  which  such 
change shall be intimated; 

(d) the authority to which an appeal may be preferred under section 3C and the fees payable in 

respect of such appeal; 

(e) the registers to be kept and maintained by a registering officer.] 

CHAPTER II 

INSPECTING STAFF 

4. Chief inspector and inspectors.—(1) The State Government may, by notification in the Official 
Gazette, appoint for the State a duly qualified person to be the chief inspector of plantations and so many 
duly qualified persons to be inspectors of plantations subordinate to the chief inspector as it thinks fit.  

1[(1A) The State Government may also, by notification in the Official Gazette, appoint such officers 
of  the  State  Government  or  of  any  local  authority  under  its  control,  as  it  thinks  fit,  to  be  additional 
inspectors of plantations for all or any of the purposes of this Act.] 

(2) Subject to such rules as may be made in this behalf by the State Government, the chief inspector 
may declare the local area or areas within which, or the plantations with respect to which, inspectors shall 
exercise  their  powers  under  this  Act,  and  may  himself  exercise the  powers  of an  inspector  within  such 
limits as may be assigned to him by the State Government. 

(3) The chief inspector and all inspectors shall be deemed to be public servants within the meaning of 

the Indian Penal Code (45 of 1860).  

5. Powers and functions of inspectors.—Subject to any rules made by the State Government in this 

behalf, an inspector may within the local limits for which he is appointed— 

(a)  make  such  examination  and  inquiry  as  he  thinks  fit  in  order  to  ascertain  whether  the 
provisions  of  this  Act  and  of  the  rules  made  thereunder  are  being  observed  in  the  case  of  any 
plantation; 

1. Ins. by Act 58 of 1981, s. 5 (w.e.f. 26-1-1982). 

8 

                                                      
(b) with such assistants, if any, as he thinks fit, enter, inspect and examine any plantation or part 

thereof at any reasonable time for the purpose of carrying out the objects of this Act; 

(c)  examine  the  crops  grown  in  any  plantation  or  any  worker  employed  therein  or  require  the 
production  of  any  register  or  other  document  maintained  in  pursuance  of  this  Act,  and  take  on  the 
spot  or  otherwise  statements  of  any  person  which  he  may  consider  necessary  for  carrying  out  the 
purposes of this Act; 

(d) exercise such other powers as may be prescribed: 

Provided that  no  person  shall  be  compelled  under  this  section to answer  any  question or  make  any 

statement tending to incriminate himself. 

6. Facilities to be afforded to inspectors.— Every employer shall afford the inspector all reasonable 

facilities for making any entry, inspection, examination or inquiry under this Act. 

7. Certifying surgeons.—(1) The State Government may appoint qualified medical practitioners to 
be certifying surgeons for the purposes of this Act within such local limits or for such plantation or class 
of plantations as it may assign to them respectively. 

(2) The certifying surgeon shall carry out such duties as may be prescribed in connection with— 

(a) the examination and certification of workers; 
(b)  the  exercise  of  such  medical  supervision  as  may  be  prescribed  where  adolescents  1[are], 

employed in any work in any plantation which is likely to cause injury to their health. 

CHAPTER III 

PROVISIONS AS TO HEALTH 

8.  Drinking  water.—In  every  plantation  effective  arrangements  shall  be  made  by  the  employer  to 
provide  and  maintain  at  convenient  places  in  the  plantation  a  sufficient  supply  of  wholesome  drinking 
water for all workers. 

9. Conservancy.—(1) There shall be provided separately for males and females in every plantation a 
sufficient number of latrines and urinals of prescribed types so situated as to be convenient and accessible 
to workers employed therein. 

(2) All latrines and urinals provided under sub-section (1) shall be maintained in a clean and sanitary 

condition. 

10.  Medical facilities.—(1)  In  every  plantation  there  shall  be  provided  and  maintained  so  as  to  be 
readily available such medical facilities for the workers 2[and their families] as may be prescribed by the 
State Government. 

(2) If in any plantation medical facilities are not provided and maintained as required by sub-section 
(1)  the  3[State  Government  upon  a  request  by  the  chief  inspector]  may  cause  to  be  provided  and 
maintained therein such medical facilities, and recover the cost thereof from the defaulting employer. 

(3) For the purposes of such recovery the chief inspector may certify the costs to be recovered to the 

collector, who may recover the amount as an arrear of land-revenue. 

1. Subs. by Act 17 of 2010, s. 3, for “and children are, or are to be” (w.e.f. 7-6-2010). 
2. Ins. by Act 34 of 1960, s. 4 (w.e.f. 21-11-1960). 
3. Subs. by Act 17 of 2010, s. 4, for “chief inspector” (w.e.f. 7-6-2010).    

9 

 
                                                      
Kerala 

STATE AMENDMENT 

Amendment of section 10.—In section 10 of the Plantations Labour Act, 1951 (Central Act 69 of 1951), 
after sub-section (1), the following Explanation shall be inserted, namely:— 

“Explanation.—For the purpose of this section, “family”, when used in relation to a worker, means—  

(i) his or her spouse; 

(ii)  mentally  retarded children,  minor legitimate  or adopted son,  unmarried  legitimate  or  adopted 
daughter of the worker dependent upon him or her, and includes the parents of the worker dependent 
upon him or her.”. 

[Vide Kerala Act 1 of 1999, s. 2.] 

CHAPTER IV 
WELFARE 

11. Canteens.—(1) The State Government may make rules requiring that in every plantation wherein 
one  hundred  and  fifty  workers  are  ordinarily  employed,  one  or  more  canteens  shall  be  provided  and 
maintained by the employer for the use of the workers. 

(2) Without prejudice to the generality of the foregoing power, such rules may provide for— 

(a) the date by which the canteen shall be provided; 

(b)  the  number  of  canteens  that  shall  be  provided  and  the  standards  in  respect  of  construction, 

accommodation, furniture and other equipment of the canteens; 

(c) the foodstuffs which may be served therein and the charges which may be made therefor; 

(d)  the  constitution  of  a  managing  committee  for  the  canteen  and  the  representation  of  the 

workers in the management of the canteen; 

(e) the delegation to the chief inspector, subject to such conditions as may be prescribed, of the 

power to make rules under clause (c). 
12.  Creches.—1[(1)  In  every  plantation  wherein  fifty  or  more  women  workers  (including  women 
workers employed by any contractor) are employed or were employed on any day of the preceding twelve 
months, or where the number of children of women workers (including women workers employed by any 
contractor) is twenty or more, there shall be provided and maintained by the employer suitable rooms for 
the use of children of such women workers. 

Explanation.—For  the  purposes  of  this  sub-section  and  sub-section  (1A),  “children”  means  persons 

who are below the age of six years.] 

2[(1A) Notwithstanding anything contained in sub-section (1), if, in respect of any plantation wherein 
less than fifty women workers (including women workers employed by any contractor) are employed or 
were  employed  on  any  day  of  the  preceding  twelve  months,  or  where  the  number  of  children  of  such 

1. Subs. by Act 58 of 1981, s. 6, for sub-section (1) (w.e.f. 26-1- 1982). 
2. Ins. by s. 6, ibid. (w.e.f. 26-1-1982). 

10 

                                                      
women  workers  is  less  than  twenty,  the  State  Government,  having  regard  to  the  number  of  children  of 
such  women  workers  deems  it  necessary  that  suitable  rooms  for  the  use  of  such  children  should  be 
provided and maintained by the employer, it may, by order, direct the employer to provide and maintain 
such rooms and thereupon the employer shall be bound to comply with such direction.] 

(2) 1[The rooms referred to in sub-section (1) or sub-section (1A)] shall— 

(a) provide adequate accommodation; 

(b) be adequately lighted and ventilated; 

(c) be maintained in a clean and sanitary condition; and  

(d) be under the charge of a woman trained in the care of children and infants. 

(3) The State Government may make rules prescribing the location and the standards of  1[the rooms 
referred to in sub-section (1) or sub-section (1A)] in respect of their construction and accommodation and 
the equipment and amenities to be provided therein. 

13.  Recreational  facilities.—The  State  Government  may  make  rules  requiring  every  employer  to 
make  provision  in  his  plantation  for  such  recreational  facilities  for  the  workers  and  children  employed 
therein as may be prescribed. 

14.  Educational  facilities.—Where  the  children  between  the  ages  of  six  and  twelve  of  workers 
employed  in  any  plantation  exceed  twenty-five  in  number,  the  State  Government  may  make  rules 
requiring  every  employer  to  provide  educational  facilities  for  the  children  in  such  manner  and  of  such 
standard as may be prescribed. 

STATE AMENDMENT 

Assam 

Amendment  of  section  14.—In  the  principal  Act,  for  existing  section  14,  the  following  shall  be 

substituted, namely: — 

“14. — Educational Faculties.—Where the children between the ages of six and fourteen of workers 
employed  in  any  plantation  exceed  twenty  five  in  number,  the  State  Government  may  make  rules 
requiring  every  employer  to  provide  educational  facilities  for  the  children  in  such  manner  and  of  such 
standard as may be prescribed.” 

[Vide Assam Act 1 of 2018, s. 2.] 
2[15. Housing facilities.—It shall be the duty of every employer to provide and maintain necessary 

housing accommodation— 

(a) for every worker (including his family) residing in the plantation; 

(b)  for  every  worker  (including  his  family)  residing  outside  the  plantation,  who  has  put  in  six 
months of continuous service in such plantation and who has expressed a desire in writing to reside in 
the plantation: 

1. Subs. by Act 58 of 1981, s. 6, for “such rooms” (w.e.f. 26-1-1982). 
2. Subs. by s. 7, ibid., for section 15 (w.e.f. 26-1-1982). 

11 

                                                      
 
Provided that the requirement of continuous service of six months under this clause shall not apply to 
a worker who is a member of the family of a deceased worker who, immediately before his death, was 
residing in the plantation.] 

16.  Power  to  make  rules  relating  to  housing.—The  State  Government  may  make  rules  for  the 

purpose of giving effect to the provisions of section 15 and, in particular providing for— 

(a) the standard and specification of the accommodation to be provided; 

(b) the selection and preparation of sites for the construction of houses and the size of such plot; 

(c) the constitution of advisory boards consisting of representatives of the State Government, the 
employer  and  the  workers  for  consultation  in  regard  to  matters  connected  with  housing  and  the 
exercise by them of such powers, functions and duties in relation thereto as may be specified; 

(d) the fixing of rent, if any, for the housing accommodation provided for workers; 

(e) the allotment to workers and their families of housing accommodation and of suitable strips of 
vacant land adjoining such accommodation for the purpose of maintaining kitchen gardens, 1*** and 
for the eviction of workers and their families from such accommodation; 

(f) access to the public to those parts of the plantation wherein the workers are housed.  

2[16A. Liability of employer in respect of accidents resulting from collapse of  houses provided 
by  him.—(1)  If  death  or  injury  is  caused  to  any  worker  or  a  member  of  his  family  as  a  result  of  the 
collapse of a house provided under section 15, and the collapse is not solely and directly attributable to a 
fault on the part of any occupant of the house or to a natural calamity, the employer shall be liable to pay 
compensation. 

(2)  The  provisions  of  section  4  of,  and  Schedule  IV  to,  the  Workmen's  Compensation                               

Act, 1923 (8 of 1923), as in force for the time being, regarding the amount of compensation payable to a 
workman  under  that  Act  shall,  so  far  as  may  be,  apply  for  the  determination  of  the  amount  of 
compensation payable under sub-section (1). 

16B. Appointment of Commissioners.—The State Government may, by notification in the Official 
Gazette,  appoint  as  many  persons,  possessing  the  prescribed  qualifications  as  it  thinks  fit,  to  be 
Commissioners to determine the amount of compensation payable under section 16A and may define the 
limits  within  which  each  such  Commissioner  shall  exercise  the  powers  and  discharge  the  functions 
conferred or imposed on him by or under this Act. 

16C.  Application  for  compensation.—(1)  An  application  for  payment  of  compensation  under 

section 16A may be made to the Commissioner— 

(a) by the person who has sustained the injury; or 

(b) by any agent duly authorised by the person who has sustained the injury; or 

(c) where the person who has sustained the injury is a minor, by his guardian; or 

(d) where death has resulted out of the collapse of the house, by any dependant of the deceased or 

by any agent duly authorised by such dependant or, if such dependant is a minor, by his guardian. 

1. Certain words and figures omitted by Act 34 of 1960, s. 5 (w.e.f. 21-11- 1960). 
2. Ins. by Act 58 of 1981, s. 8 (w.e.f. 26-1-1982). 

12 

                                                      
(2) Every application under sub-section (1) shall be in such form and shall contain such particulars as 

may be prescribed. 

(3) No application for compensation under this section shall be entertained unless it is made within 

six months of the collapse of the house: 

Provided that the Commissioner may, if he is satisfied that the applicant was prevented by sufficient 
cause from making the application within the aforesaid period of six months, entertain such application 
within a further period of six months. 

Explanation.—In this section, the expression “dependant” has the meaning assigned to it in clause (d) 

of section 2 of the Workmen's Compensation Act, 1923 (8 of 1923). 

16D.  Procedure  and  powers  of  Commissioner.—(1)  On  receipt  of  an  application  under  section 

16C, the Commissioner may make an inquiry into the matter covered by the application. 

(2) In determining the amount of compensation payable under section 16A, the Commissioner may, 

subject to any rules that may be made in this behalf, follow such summary procedure as he thinks fit. 

(3) The Commissioner shall have all the powers of a civil court while trying a suit under the Code of 

Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:— 

(a) summoning and enforcing the attendance of any person and examining him on oath; 

(b) requiring the discovery and production of any document; 

(c) receiving evidence on affidavits; 

(d) requisitioning any public record or copy thereof from any court or office; 

(e) issuing commissions for the examination of witnesses or documents; 

(f) any other matter which may be prescribed. 

(4) Subject to any rules that may be made in this behalf, the commissioner may, for the purpose of 
determining any claim or compensation, choose one or more persons possessing special knowledge of any 
matter relevant to the inquiry to assist him in holding the inquiry. 

16E. Liability to pay compensation, etc., to be decided by Commissioner.—(1) Any question as to 
the liability of an employer to pay compensation under section 16A, or as to the amount thereof, or as to 
the person to whom such compensation is payable, shall be decided by the Commissioner. 

(2) Any person aggrieved by a decision of the Commissioner refusing to grant compensation, or as to 
the amount of compensation granted to him, or to the apportionment thereof, may prefer an appeal to the 
High Court having jurisdiction over the place where the collapse of the house has occurred, within ninety 
days of the communication of the order of the Commissioner to such person: 

Provided that the High Court may entertain any such appeal after the expiry of the period aforesaid if 
it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within such 
period: 

Provided further that nothing in this sub-section shall be deemed to authorise the High Court to grant 

compensation in excess of the amount of compensation payable under section 16A. 

13 

(3)  Subject  to  the  decision  of  the  High  Court  in  cases  in  which  an  appeal  is  preferred  under                    

sub-section  (2),  the  decision  of  the  Commissioner  under  sub-section  (1)  shall  be  final  and  shall  not  be 
called in question in any court. 

16F. Saving as to certain rights.—The right of any person to claim compensation under section 16A 
shall be without prejudice to the right of such person to recover compensation payable under any other 
law for the time being in force; but no person shall be entitled to claim compensation more than once in 
respect of the same collapse of the house. 

16G. Power to make rules.—(1) The State Government may, by notification in the Official Gazette, 

make rules for giving effect to the provisions of sections 16A to 16F (both inclusive). 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for— 

(i) the qualifications and conditions of service of Commissioners; 

(ii)  the  manner  in  which  claims  for  compensation  may  be  inquired  into  and  determined  by  the 

Commissioner; 

(iii) the matters in respect of which any person may be chosen to assist the Commissioner under 

section 16D and the functions that may be performed by such person; 

(iv) generally for the effective exercise of any powers conferred on the Commissioner.] 

17. Other facilities.—The State Government may  make rules requiring that in every plantation the 
employer shall provide the workers with such number and type of umbrellas, blankets, rain coats or other 
like amenities for the protection of workers from rain or cold as may be prescribed. 

18. Welfare officers.—(1) In every plantation wherein three hundred or more workers are ordinarily 

employed the employer shall employ such number of welfare officers as may be prescribed. 

(2)  The  State  Government  may  prescribe  the  duties,  qualifications  and  conditions  of  service  of 

officers employed under sub-section (1). 

STATE AMENDMENT 

Kerala 

Amendment  of  Section  18.—In  Section  18  of  the  Plantation  Labour  Act,  1951  (Central  Act  69  of 
1951) (hereinafter referred to as the principal Act), after sub-section (1), the following sub-section shall 
be inserted, namely:— 

“(1A)  If  in  any  plantation,  welfare  officers  are  not  employed  as  required  by  the  rules  made  under                 

sub-section (1),  the  chief  inspector  may  appoint  the  required  number  of  welfare  officers  and  thereupon 
such officers shall be deemed to have been employed by the employee under sub-section (1): 

Provided that before appointing welfare officers under this sub-section the employer shall be given an 

opportunity of being heard.” 

[Vide Kerala Act 25 of 1969, s. 2.] 

14 

 
1[CHAPTER IVA 

PROVISIONS AS TO SAFETY 

18A.  Safety.—(1)  In  every  plantation,  effective  arrangements  shall  be  made  by  the  employer  to 
provide  for  the  safety  of  workers  in  connection  with  the  use,  handling,  storage  and  transport  of 
insecticides, chemicals and toxic substances. 

(2) The  State  Government may  make  rules for  prohibiting  or, restricting  employment  of  women  or 

adolescents in using or handling hazardous chemicals. 

(3) The employer shall appoint persons possessing the prescribed qualifications to supervise the use, 

handling, storage and transportation of insecticides, chemicals and toxic substances in his plantation. 

(4)  Every  employer  shall  ensure  that  every  worker  in  plantation  employed  for  handling,  mixing, 
blending and applying insecticides, chemicals and toxic substances, is trained about the hazards involved 
in different operations in which he is engaged, the various safety measures and safe work practices to be 
adopted in emergencies arising from spillage of such insecticides chemicals and toxic substances and such 
other matters as may be prescribed by the State Government. 

(5) Every worker who is exposed to insecticides, chemicals and toxic substances shall be medically 

examined periodically, in such manner as may be prescribed, by the State Government. 

(6)  Every  employer  shall  maintain  health  record  of  every  worker  who  is  exposed  to  insecticides, 
chemicals and toxic substances which are used, handled, stored or transported in a plantation, and every 
such worker shall have access to such record. 

(7) Every employer shall provide— 

(a) washing, bathing and clock room facilities; and 

(b) protective clothing and equipment, 

to every worker engaged in handling insecticides, chemicals or toxic substances in such manner as may 
be prescribed by the State Government. 

(8) Every employer shall display in the plantation a list of permissible concentrations of insecticides, 
chemicals  and  toxic  substances  in  the  breathing  zone  of  the  workers  engaged  in  the  handling  and 
application of such insecticides, chemicals and toxic substances. 

(9)  Every  employer  shall  exhibit  such  precautionary  notices  as  may  be  prescribed  by  the  State 

Government indicating the hazards of insecticides, chemicals and toxic substances. 

Kerala 

STATE AMENDMENT 

Insertion of new section 18A—After section 18 of the principal Act, the following section shall be 

inserted, namely: — 

“18A. Chief Inspector to provide facilities on default by employer.— 

1. Ins. by Act 17 of 2010, s. 5 (w.e.f. 7-6-2010). 

15 

                                                      
(1)  If  in  any  plantation,  facilities  are  not  provided  or  maintained  by  the  employer  as  required  by 
section  8  or  section  9  or  section  12  or  section  15  or  the  rules  made  under  section  11  or  section  14  or 
section 17, the chief inspector may cause to be provided or maintained therein such facilities and recover 
the cost thereof from the defaulting employer: 

Provided  that  before  providing  or  maintaining  such  facilities  the  employer  shall  be  given  an 

opportunity of being heard. 

(2) For the purpose of the recovery of the cost under sub-section (1) the chief inspector may certify the 
amount to be recovered to the Collector, who may thereupon recover such amount as an arrear of land 
revenue.”. 

[Vide Kerala Act 25 of 1969, s. 3] 

18B. Power of State Government to make rules.—(1) The State Government may, by notification 

in the Official Gazette, make rules to carry out the purposes of this Chapter. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely: — 

(a) the  restriction  on  employment  of  women  and adolescents for handling  hazardous  chemicals 

under sub-section (2) of section 18A; 

(b) the qualifications of supervisor appointed under sub-section (3) of section 18A; 

(c) the matters for training of workers under sub-section (4) of section 18A; 

(d) the medical examination of workers under sub-section (5) of section 18A; 

(e) the facilities and equipment to be provided to the workers engaged in handling insecticides, 

chemicals and toxic substances under sub-section (7) of section 18A; 

(f) the precautionary notices to be exhibited under sub-section (9) of section 18A.] 

CHAPTER V 

HOURS AND LIMITATION OF EMPLOYMENT 

19. Weekly hours.—1[(1)] Save as otherwise expressly provided in this Act, no adult worker shall be 
required or allowed to work on any plantation in excess of 2[forty-eight hours] a week and no adolescent 
3*** for more than 4[twenty-seven hours] a week. 

 5[(2) Where an adult worker works in any plantation on any day in excess of the number of hours 
constituting a normal working day or for more than forty-eight hours in any week, he shall, in respect of 
such overtime work, be entitled to twice the rates of ordinary wages: 

1. Section 19 renumbered as sub-section (1) thereof by Act 58 of 1981, s. 9 (w.e.f. 26-1-1982). 
2. Subs. by s. 9, ibid, for “fifty-four hours” (w.e.f. 26-1-1982). 
3. The words “or child’ omitted by Act 17 of 2010, s. 6 (w.e.f. 7-6-2010). 
4. Subs. by Act 58 of 1981, s. 9, for “forty hours” (w.e.f. 26-1-1982). 
5. Ins. by s. 9, ibid. (w.e.f. 6-1-1982).  

16 

                                                      
Provided that no such worker shall be allowed to work for more than nine hours on any day and more 

than fifty-four hours in any week. 

(3) For any work done on any closed holiday in the plantation or on any day of rest, a worker shall be 

entitled to twice the rates of ordinary wages as in the case of overtime work.] 

20. Weekly holidays.— (1) The State Government may by rules made in this behalf— 

(a) provide for a day of rest in every period of seven days which shall be allowed to all workers;  

1[(b) provide for the conditions subject to which, and the circumstances in which, an adult worker 

may be required or allowed to work overtime.]  

(2) Notwithstanding anything contained in clause (a) of sub- section (1) where a worker is willing 
to work on any day of rest which is not a closed holiday in the plantation, nothing contained in this 
section shall prevent him from doing so: 

Provided that in so doing a worker does not work for more than ten days consecutively without a 

holiday for a whole day intervening.  

Explanation 1.—Where on any day a worker has been prevented from working in any plantation 
by reason of tempest, fire, rain or other natural causes, that day, may, if he so desires, be treated as his 
day of rest for the relevant period of seven days within the meaning of sub-section (1). 

Explanation 2.—Nothing contained in this section shall apply to any worker whose total period of 

employment including any day spent on leave is less than six days. 

21. Daily intervals for rest.—The period of work on each day shall be so fixed that no period shall 
exceed five hours and that no worker shall work for more than five hours before he has had an interval for 
rest for at least half an hour. 

22.  Spreadover.—The  period  of  work  of  an  adult  worker  in  a  plantation  shall  be  so  arranged  that 
inclusive  of  his  interval  for  rest  under  section  2[21]  it  shall  not  spreadover  more  than  twelve  hours 
including the time spent in waiting for work on any day. 

23.  Notice  of  period  of  work.—(1)  There  shall  be  displayed  and  correctly  maintained  in  every 
plantation a notice of periods of work in such form and manner as may be prescribed showing clearly for 
every day the periods during which the workers may be required to work. 

(2) Subject to the other provisions contained in this Act, no worker shall be required or allowed to 
work in any plantation otherwise than in accordance with the notice of periods of work displayed in the 
plantation. 

(3) An employer may refuse to employ a worker for any day if on that day he turns up for work more 

than half an hour after the time fixed for the commencement of the day's work.  

3[24.  Prohibition  of  employment  of  children.—No  child  shall  be  employed  to  work  in  any 

plantation.]   

1. Subs. by Act 58 of 1981, s. 10, for clause (b) (w.e.f. 26-1-1982). 
2. Subs. by Act 42 of 1953, s. 4 and the Third Schedule, for “19”. 
3. Ins. by Act 17 of 2010, s. 7 (we.f. 7-6-2010). 

17 

                                                      
25. Night work for women  1***.—Except with the permission of the State Government, no woman 
2*** worker shall be employed in any plantation otherwise than between the hours of 6 A.M. and 7 P.M.: 

Provided that nothing in this section shall be deemed to apply to midwives and nurses employed as 

such in any plantation. 

26. Non-adult workers to carry tokens.— No 3*** adolescent shall be required or allowed to work 

in any plantation unless— 

(a) a certificate of fitness granted with reference to him under section 27 is in the custody of the 

employer; and 

(b) such 4*** adolescent carries with him while he is at work a token giving a references to such 

certificate. 

27. Certificate of fitness.—(1) A certifying surgeon shall, on the application of any young person or 
his  parent  or  guardian  accompanied  by  a  document  signed  by  the  employer  or any  other person  on his 
behalf  that  such  person  will  be  employed  in  the  plantation  if  certified  to  be  fit  for  work,  or  on  the 
application  of  the  employer  or  any  other  person  on  his  behalf  with  reference  to  any  young  person 
intending to work, examine such person and ascertain his fitness for work 5*** as an adolescent. 

(2) A certificate of fitness granted under this section shall be valid for a period of twelve months from 

the date thereof, but may be renewed. 

(3) Any fee payable for a certificate under this section shall be paid by the employer and shall not be 

recoverable from the young person, his parents or guardian. 

28.  Power  to  require  medical  examination.—An  inspector  may,  if  he  thinks  necessary  so  to  do, 

cause any young person employed in a plantation to be examined by a certifying surgeon. 

CHAPTER VI 

LEAVE WITH WAGES 

29. Application of Chapter.— (1) The provisions of this Chapter shall not operate to the prejudice of 
any  rights  to  which  a  worker  may  be  entitled  under  any  other  law  or  under  the  terms  of  any  award, 
agreement, or contract of service: 

Provided  that  where  such  award,  agreement  or  contract  of  service  provides  for  a  longer  leave  with 

wages than provided in this Chapter the worker shall be entitled only to such longer leave. 

Explanation.—For  the  purpose  of  this  Chapter  leave  shall  not,  except  as  provided  in  section  30, 

include weekly holidays or holidays for festivals or other similar occasions. 

30. Annual leave with wages.—(1) Every worker shall be allowed leave with wages for a number of 

days calculated at the rate of— 

1. The words “and children” omitted by Act 17 of 2010, s. 8 (we.f. 7-6-2010).  
2. The words “or child” omitted by s. 8, ibid. (we.f. 7-6-2010). 
3. The words “child and no” omitted by Act 17 of 2010, s. 9 (w.e.f. 7-6-2010). 
4. The words “child or” omitted by s. 9, ibid. (w.e.f. 7-6-2010). 
5. The words “either as a child or” omitted by s.10, ibid. (w.e.f. 7-6-2010).  

18 

                                                      
(a) if an adult, one day for every twenty days of work performed by him, and 

(b) if a young person, one day for every fifteen days of work performed by him.  

1* 

* 

* 

* 

* 

2[ 3[Explanation 1].—For the purposes of calculating leave under this sub-section,— 

(a) any day on which no work or less than half a day's work is performed shall not be counted; 

and 

(b) any day on which half or more than half a day's work is performed shall be counted as one 

day.] 

4[Explanation  2.—The  leave  admissible  under  this  sub-section  shall  be  exclusive  of  all  holidays, 

whether occurring during, or at either and of the period of leave.] 

(2) If a worker does not in any one period of twelve months take the whole of the leave allowed to 
him under sub-section (1), any leave not taken by him shall be added to the leave to be allowed to him 
under that sub-section in the succeeding period of twelve months. 

(3)  A  worker  shall  cease  to  earn  any  leave  under  this  section  when  the  earned  leave  due  to  him 

amounts to thirty days. 

2[(4) If the employment of a worker who is entitled to leave under this section is terminated by the 
employer  before  he  has  taken  the  entire  leave  to  which  he  is  entitled,  the  employer  shall  pay  him  the 
amount payable under section 31 in respect of the leave not taken, and such payment shall be made before 
the expiry of the second working day after such termination.] 

31. Wages during leave period.— 5[(1) For the leave allowed to a worker under section 30, he shall 

be paid,— 

(a)  if  employed  wholly  on  a  time-rate  basis,  at  a  rate  equal  to  the  daily  wage  payable  to  him 
immediately before the commencement of such leave under any law or under the terms of any award, 
agreement or contract of service, and 

(b) in other cases, including cases where he is, during the preceding twelve calendar months, paid 
partly  on  a  time-rate  basis  and  partly  on  a  piece-rate  basis,  at  the  rate  of  the  average  daily  wage 
calculated over the preceding twelve calendar months.  

Explanation.—For  the  purposes  of  clause  (b)  of  sub-section  (1),  the  average  daily  wage  shall  be 
computed  on  the  basis  of  his  total  full-time  earnings  during  the  preceding  twelve  calendar  months, 
exclusive of any overtime earnings or bonus, if any, but inclusive of dearness allowance. 

 (1A) In addition to the wages for the leave period at the rates specified in sub-section (1), a worker 
shall also be paid the cash value of food and other concessions, if any, allowed to him by the employer in 
addition to his daily wages unless these concessions are continued during the leave period.] 

1. The proviso omitted by Act 58 of 1981, s. 11 (w.e.f. 26-1-1982).  
2. Ins. by Act 34 of 1960, s. 6 (w.e.f. 21-11-1960). 
3. The existing Explanation numbered as Explanation 1 thereof by Act 58 of 1981, s. 11 (w.e.f. 26-1-1982). 
4. Ins. by s. 11. ibid. (w.e.f. 26-1-1982). 
5. Subs. by Act 34 of 1960, s. 7, for sub-section (1) (w.e.f. 21-11- 1960). 

19 

 
 
 
 
 
 
 
 
                                                      
(2) A worker who has been allowed leave for 1[any period not less than] four days in the case of an 
adult and five days in the case of a young person under section 30 shall, before his leave begins, be paid 
his wages for the period of the leave allowed. 

32.  Sickness  and  maternity  benefits.—(1)  Subject  to  any  rules  that  may  be  made  in  this  behalf, 

every worker shall be entitled to obtain from his employer— 

(a) in the case of sickness certified by a qualified medical practitioner, sickness allowance, and 

(b) if a woman, in the case of confinement or expected confinement, maternity allowance, at such 

rate, for such period and at such intervals as may be prescribed. 

(2) The State Government may make rules regulating the payment of sickness or maternity allowance 
and any such rules may specify the circumstances in which such allowance shall not be payable or shall 
cease  to  be  payable,  and  in  framing  any  rules  under  this  section  the  State  Government  shall  have  due 
regard to the medical facilities that may be provided by the employer in any plantation. 

2[CHAPTER VIA 

ACCIDENTS 

32A. Notice of accident.—Where in any plantation, an accident occurs which causes death or which 
causes any bodily injury to a worker by reason of which the worker injured is prevented from working for 
a period of forty-eight hours or more immediately following the accident, or which is of such a nature as 
may  be  prescribed  in  this  behalf,  the  employer  thereof  shall  send  notice  thereof  to  such  authorities,  in 
such form, and within such time, as may be prescribed. 

32B. Register of accidents.—The employer shall maintain a register of all accidents which occur in 

the plantation in such form and in such manner as may be prescribed.] 

3[32C. Compensation.—The employer shall give compensation to a worker in plantation in case of 
accident  and  the  memorandum  relating  to  such  compensation  shall  be  got  registered  by  the  employer           
with  the  Commissioner  in  accordance  with  the  provisions  of  the  Workmen’s  Compensation                          
Act, 1923 (8 of 1923).] 

CHAPTER VII 

PENALTIES AND PROCEDURE 

33. Obstruction.—(1) Whoever obstructs an inspector in the discharge of his duties under this Act or 
refuses  or  wilfully  neglects  to  afford  the  inspector  any  reasonable  facility  for  making  any  inspection, 
examination or inquiry authorised by or under this Act in relation to any plantation, shall be punishable 

1. Subs. by Act 42 of 1953, s. 4 and the Third Schedule, for "any period less than". 
2. Ins. by Act 58 of 1981, s. 12 (w.e.f. 26-1-1982). 
3.  Ins. by Act 17 of 2010, s. 11 (w.e.f. 7-6-2010). 

20 

                                                      
with imprisonment for a term which may extend to  1[six months, or with fine which may extend to ten 
thousand rupees, or with both]. 

(2)  Whoever  wilfully  refuses  to  produce  on  the  demand  of  an  inspector  any  register  or  other 
document kept in pursuance of this Act, or prevents or attempts to prevent or does anything which he has 
reason to believe is likely to prevent any person from appearing before or being examined by an inspector 
acting in pursuance of his duties under this Act, shall be punishable with imprisonment for a term which 
may extend to 2[six months, or with fine which may extend to ten thousand rupees, or with both.] 

34. Use of false certificate of fitness.—Whoever knowingly uses or attempts to use as a certificate of 
fitness granted to himself under section 27 a certificate granted to another person under that section, or 
having  been  granted  a  certificate  of  fitness  to  himself,  knowingly  allows  it  to  be  used,  or  allows  an 
attempt to use it to be made by another person, shall be punishable with imprisonment which may extend 
to 3[two months, or with fine which may extend to one thousand rupees, or with both]. 

35. Contravention of provisions regarding employment of labour.—Whoever, except as otherwise 
permitted by or under this Act, contravenes any provision of this Act or of any  rules made thereunder, 
prohibiting, restricting or regulating the employment of persons in a plantation, shall be punishable with 
imprisonment  for  a  term  which  may  extend  to  1[six  months,  or  with  fine  which  may  extend  to  ten 
thousand rupees, or with both]. 

36.  Other  offences.—Whoever  contravenes  any  of  the  provisions  of  this  Act  or  of  any  rules  made 
thereunder for which no other penalty is elsewhere provided by or under this Act shall be punishable with 
imprisonment  for  a  term  which  may  extend  to  1[six  months,  or  with  fine  which  may  extend  to  ten 
thousand rupees, or with both]. 

37.  Enhanced  penalty  after  previous  conviction.—If  any  person  who  has  been  convicted  of  any 
offence  punishable  under  this  Act  is  again  guilty  of  an  offence  involving  a  contravention  of  the  same 
provision,  he  shall  be  punishable  on  a  subsequent  conviction  with  imprisonment  which  may  extend  to 
4[one year, or with fine which shall not be less than ten thousand rupees but which may extend to one lakh 
rupees, or with both]: 

Provided that for the purposes of this section no cognizance shall be taken of any conviction made 

more than two years before the commission of the offence which is being punished. 

5[37A.  Power  of  court  to  make  orders.—(1)  Where  an  employer  is  convicted  of  an  offence 
punishable under section 36, the court may, in addition to awarding any punishment, by order in writing, 
require him within such period as may be specified in the order (which the court may, if it thinks fit and 
on an application made in this behalf by the employer, from time to time, extend) to take such measures 
as may be so specified for remedying the matters in respect of which the offence was committed. 

(2) Where an order is made under sub-section (1), the employer shall not be liable under this Act in 
respect  of  the  continuation  of  the  offence  during  the  period  or  extended  period,  as  the  case  may  be, 

1. Subs. by Act 17 of 2010, s. 12, for “three months, or with fine which may extend to five hundred rupees, or with both” (w.e.f. 

7-6-2010). 

2. Subs. by s. 12, ibid., for “three months, or with fine which may extend to five hundred rupees, or with both” (w.e.f. 7-6-2010).  
3. Subs. by s. 13, ibid., for “one month, or with fine which may extend to fifty rupees, or with both” (w.e.f. 7-6-2010).   
4.  Subs. by s. 14, ibid., for “six months, or with fine which may extend to one thousand rupees, or with both” (w.e.f. 7-6-2010). 
5. Ins. by Act 58 of 1981, s. 13 (w.e.f. 26-1-1982). 

21 

                                                      
specified by the court, but if, on the expiry of such period or extended period, the order of the court has 
not been fully complied with, the employer shall be deemed to have committed a further offence and he 
shall,  on  conviction,  be  punishable  with imprisonment  for  a  term  which  may  extend to six  months  and 
with fine which may extend to three hundred rupees for every day after such expiry.] 

38. Exemption of employer from liability in certain cases.—Where an employer charged with an 
offence  under  this  Act  alleges  that  another  person  is  the  actual  offender,  he  shall  be  entitled  upon 
complaint made by him in this behalf to have, on giving to the prosecutor in this behalf three clear days, 
notice in writing of his intention so to do, that other person brought before the Court on the day appointed 
for  the  hearing  of  the  case  and  if,  after  the  commission  of  the  offence  has  been  proved,  the  employer 
proves to the satisfaction of the Court that— 

(a) he has used due diligence to enforce the execution of the relevant provisions of this Act; and 

(b)  that  the  other  person  committed  the  offence  in  question  without  his  knowledge,  consent  or 

connivance;  

the said other person shall be convicted of the offence and shall be liable to the like punishment as if he 
were the employer and the employer shall be acquitted:  

Provided that— 

(a) the employer  may be examined on oath and his evidence and that of any witness whom he 
calls in his support shall be subject to cross-examination on behalf of the person he charges to be the 
actual offender and by the prosecutor, and 

(b) if, in spite of due diligence, the person alleged as the actual offender cannot be brought before 
the Court on the day appointed for the hearing of the case, the Court shall adjourn the hearing thereof 
from  time  to  time  so,  however,  that  the  total  period  of  such  adjournment  does  not  exceed  three 
months, and if, by the end of the said period, the person alleged as the actual offender cannot still be 
brought before the Court, the Court shall proceed to hear the case against the employer. 

1[39. Cognizance of offences.— No Court shall take cognizance of any offence under this Act except 
on  a  complaint  made  by  any  worker  or  an  office  bearer  of  a  trade  union  of  which  such  worker  is  a 
member or an inspector and no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate 
of the first class shall try any offence punishable under this Act. 

39A. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall 

lie against any person for anything which is in good faith done or intended to be done under this Act.] 

40.  Limitation  of  prosecutions.—  No  Court  shall  take  cognizance  of  an  offence  punishable  under 
this  Act  unless  the  complaint  thereof  has  been  made  or  is  made  within  three  months  from  the  date  on 
which the alleged commission of the offence came to the knowledge of an inspector: 

Provided  that  where  the  offence  consists  of  disobeying  a  written  order  made  by  an  inspector, 
complaint  thereof  may  be  made  within  six  months  of  the  date  on  which  the  offence  is  alleged  to  have 
been committed. 

1. Subs. by Act 17 of 2010, s. 12, for section 39 (w.e.f. 7-6-2010). 

22 

                                                      
CHAPTER VIII 

MISCELLANEOUS 

41. Power to give directions.—The Central Government may give directions to the Government of 

any State as to the carrying into execution in the State of the provisions contained in this Act. 

42.  Power  to  exempt.—The  State  Government  may,  by  order  in  writing,  exempt,  subject  to  such 
conditions and restrictions as it may think fit to impose, any employer or class of employers from all or 
any of the provisions of this Act: 

Provided that no such exemption  1[other than an exemption from section 19] shall be granted except 

with the previous approval of the Central Government. 

43.  General  power  to  make  rules.—(1)  The  State  Government  may,  subject  to  the  condition  of 

previous publication, make rules to carry out the purposes of this Act: 

Provided that the date to be specified under clause (3) of section 23 of the General Clauses Act, 1897 
(10 of 1897), shall not be less than six weeks from the date on which the draft of the proposed rules was 
published. 

(2) In particular, and without prejudice to the generality of the foregoing power, any such rules may 

provide for— 

(a) the qualifications required in respect of the chief inspector and inspector; 

(b) the powers which may be exercised by inspectors and the areas in which and the manner in 

which such powers may be exercised; 

(c) the medical supervision which may be exercised by certifying surgeons; 

(d)  the  examination  by  inspectors  or  other  persons  of  the  supply  and  distribution  of  drinking 

water in plantations; 

(e)  appeals  from  any  order  of  the  chief  inspector  or  inspector  and  the  form  in  which,  the  time 

within which and the authorities to which, such appeals may be preferred; 

(f) the time within which housing, recreational, educational or other facilities required by this Act 

to be provided and maintained may be so provided; 

(g) the types of latrines and urinals that should be maintained in plantations; 

(h) the medical, recreational and educational facilities that should be provided in plantations; 

(i) the form and manner in which notices of periods of work shall be displayed and maintained; 

(j) the registers which should be maintained by employers and the returns, whether occasional or 
periodical, as in the opinion of the State Government may be required for the purposes of this Act; 
2***  

1. Ins. by Act 34 of 1960, s. 8 (w.e.f. 21-11-1960). 
2. The word "and" omitted by Act 58 of 1981, s. 14 (w.e.f. 26-1- 1982). 

23 

                                                      
 
(k) the hours of work for a normal working day for the purpose of wages and overtime;  

1[(l) any other matter which is required to be, or may be, prescribed.]  

2[(3)  Every  rule  made  by  the  State  Government  under  this  Act  shall,  as  soon  as  may  be  after  it  is 

made, be laid before the State Legislature.]  

3* 

* 

* 

* 

* 

1. Added by Act 58 of 1981, s. 14 (w.e.f. 26-1-1982). 
2. Subs. by Act 17 of 2010, s. 16, for sub-section (3) (w.e.f. 7-6-2010). 
3. Sub-section (4) omitted by Act 4 of 2018,  s. 3 and the Second Schedule (w.e.f. 5-1-2018).  

24 

 
 
 
 
 
 
 
 
                                                      
